1993/03/31City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 31r 1993 - 5:00 P.M.
The City Council of the City of Anaheim met in special session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Feldhaus, Hunter, Pickler, Simpson, Daly
COUNCIL MEMBERS: None
CITY MANAGER: James Ruth
CITY ATTORNEY: Jack White
ASSISTANT CITY CLERK: Ann M. Sauvageau
Mayor Daly called the special meeting of Friday, March 31, 1993, to order at
5:05 p.m., all Council Members being present.
The Council immediately recessed to Closed Session to consider the following:
To meet with the City's negotiator concerning the price and/or
terms of payment relating to (1) a proposed sublease of property
by the City of Anaheim ("City") to Disney Sports Enterprises, Inc.
("Team"), and the following related matters: (2) proposed
renegotiation of the "Site Lease" dated as of December 1, 1990
between the City, as lessor, and the Anaheim Public Improvement
Corporation ("Corporation"), as lessee, (3) the "Lease Agreement"
dated as of December 1, 1990 between the Corporation, as lessor,
and the City, as lessee, (4) "Amended and Restated Arena
Management Agreement" between the City and Ogden Facility
Management Corporation of Anaheim ("Ogden"), dated as of
December 18, 1990, (5) proposed "First Amendment to Consent,
Traffic and Parking, and Non-Disturbance and Attornment Agreement"
by and among Ogden, Team, and City, (6) proposed "First Amendment
to Letter" by Ogden and the City, (7) proposed "Side Letter"
between Ogden and the City, (8) proposed Agreement between Ogden
Corporation and the City reaffirming the guaranty of Ogden
Corporation and recognizing the amendments to the Management
Agreement per the "Letter Agreement" between Ogden and the City
dated February 29, 1993, as amended by the "First Amendment to
Letter," and (9) proposed Non-Disturbance and Attornment Agreement
by and among Ogden, Disney, City, APIC, The Bank of New York Trust
Company of California, and Tokai Bank Ltd. Los Angeles Agency, all
relating to the real property owned by the City, known as the
Anaheim Arena, and described as Parcel 1 of that certain Lot Line
Adjustment Plat No. 240, in the City of Anaheim, County of Orange,
State of California, recorded on December 13, 1990, as Instrument
No. 90-653417 of Officials Records of Orange County.
AFTER RECESS: The Mayor called the meeting to order, all Council Members
being present. (5:55 p.m.)
City Attorney White. There is one item for Council action - the motion as
detailed on the printed notice of the special meeting. It is staff's
recommendation that the Council approve that motion.
MOTION: Council Member Hunter moved as follows:
(1)
Approving the following agreements, documents and
instruments (collectively the "Agreements") relating to the
Anaheim Arena Project: (i) "First Amendment to Consent,
Traffic and Parking, and Non-Disturbance and Attornment
Agreement" to be entered into among Ogden Facility
Management Corporation of Anaheim ("Ogden"), Disney Sports
Enterprises, Inc. ("Team") and the City of Anaheim ("City"),
209
City Hall, Anaheim, California - COUNCIL MINUTES - MARCH 31, 1993 - 5=00 P.M.
providing for amendments to the "Consent, Traffic and
Parking, and Non-Disturbance and Attornment Agreement
entered into among Ogden, the Team and the City dated as of
February 26, 1993, (ii) "First Amendment to Letter" to be
entered into between Ogden and the City, amending the Letter
Agreement between Ogden and the Ctiy dated as of
February 26, 1993, (iii) "Side Letter" to be entered into
between Ogden and the City, (iv) Agreement between Ogden
Corporation and the City reaffirming the guaranty of Ogden
Corporation and recognizing the amendments to the Management
Agreement per the "Letter Agreement" between Ogden and the
City dated February 26, 1993, as amended by the "First
Amendment to Letter" referred to in item (ii) above, and (v)
"Non-Disturbance and Attornment Agreement" to be entered
into among Ogden, Team, City, the Anaheim Public Improvement
Corporation ("APIC"), The Bank of New York Trust Company of
California; (2) Approving such other related agreements,
documents, instruments or matters (the Additional
Agreements), if any, required by the terms of the
February 24, 1993 Letter Agreement between the Team and
Ogden to satisfy conditions to the commitment by the Team to
play home games of its National Hockey League franchise at
the Anaheim Arena; and (3) Authorizing and directing the
Mayor and City Clerk to execute said Agreements (and
Additional Agreements, if any) for and on behalf of the City
in the proposed forms a8 presented to the City Council this
date, with such minor modifications or revisions thereof, if
any, as may be reasonably necessary and as are approved by
the City Attorney as not constituting material substantive
deviations from the Agreements (or Additional Agreements) as
presented to the City Council this date.
Council Member Simpson seconded the motion. MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT: Council Member Daly moved to adjourn the special meeting of
March 31, 1993. Council Member Pickler seconded the motion. MOTION CARRIED.
(5:57 p.m.)
ANN M. SAUVAG~ERK
210